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Site Access Terms - Domestic (USA)LAB SAFETY GUARANTEE SALES POLICY: Identification is required from all Purchasers. Possession of
our catalog does not constitute the right to purchase from Lab Safety Supply.
WARRANTY DISCLAIMEREXCEPT AS DESCRIBED IN OUR GUARANTEE, THERE ARE NO EXPRESS WARRANTIES OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.LAB SAFETY SUPPLY SHALL NOT BE SUBJECT TO AND DISCLAIMS: (1) ANY OTHER OBLIGATIONS OR LIABILITIES ARISING OUT OF BREACH OF CONTRACT OR OF WARRANTY, (2) ANY OBLIGATIONS WHATSOEVER ARISING FROM TORT CLAIMS (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ARISING UNDER OTHER THEORIES OF LAW WITH RESPECT TO PRODUCTS SOLD OR SERVICES RENDERED BY LAB SAFETY SUPPLY, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATING THERETO, AND (3) ALL CONSEQUENTIAL, INCIDENTAL, AND CONTINGENT DAMAGES WHATSOEVER. LAB SAFETY SUPPLY'S LIABILITY IN ALL EVENTS IS LIMITED TO, AND SHALL NOT EXCEED, THE PURCHASE PRICE PAID. LOCAL SAFETY STANDARDS AND REGULATIONS Products sold by Lab Safety Supply are designed to meet stated US Safety standards and regulations. Because local safety standards and regulations vary significantly, Lab Safety Supply cannot guarantee that our products meet all applicable requirements in each locality. The purchaser assumes responsibility for compliance with such safety standards and regulations in those localities in which the products will be shipped, sold and used. Before purchase and use of a product, please review the product application, and national and local codes and regulations, and be sure that the product, installation, and use will comply with them. Lab Safety Supply makes no warranties to those defined as consumers in the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act. MANUFACTURERS' WARRANTIES & SALES LITERATURE Most of the products supplied to Lab Safety Supply are warranted to the final consumer by their manufacturer; copies of such warranties are supplied with the product or are available from the manufacturer. As a service, Lab Safety Supply will obtain copies of consumer warranties from the warrantor and will furnish them free of charge to customers who request them. Address requests to: Lab Safety Supply, PO Box 1368, Janesville, WI 53547-1368 USA. Requests must include the Lab Safety Supply order number and the manufacturer's model number of each product for which a copy of the warranty is requested. Lab Safety Supply may also furnish sales brochures and other literature of the manufacturer. Lab Safety Supply assumes no responsibility for the content of such warranties or sales literature by performing this service. TRADEMARKS AND COPYRIGHTS Purchaser acknowledges that it has no right, title or interest in the trademarks or copyrights in the products, and Purchaser covenants that it will take no action to register or otherwise interfere with such rights. GOVERNING LAW; LIMITATIONS These terms and conditions shall be construed, interpreted and performed exclusively according to the laws, excluding conflict of law rules, of the State of Illinois, United States of America. Any legal action with respect to any transaction must be commenced within one year after the cause of action has arisen. The provisions of the Uniform Commercial Code as adopted by the State of Illinois, and not the United Nations Convention on Contracts for the International Sale of Goods, shall apply. DISPUTE RESOLUTION Actions by Lab Safety Supply for nonpayment by the Purchaser of the purchase price of products sold by Lab Safety Supply, or for redress of other breaches by the Purchaser of the Terms and Conditions of Sale, may be brought by Lab Safety Supply, at its option, before any judicial court of competent jurisdiction. At Lab Safety Supply's option, disputes between the Purchaser and Lab Safety Supply, including all claims for non-performance by Lab Safety Supply, shall be finally settled by arbitration in Chicago, Illinois, USA under the Rules of the American Arbitration Association, which Rules with respect to matters not regulated by them shall incorporate the UNCITRAL arbitration rules by one or more arbitrators appointed in accordance with said Rules applying these Terms and Conditions and consistent provisions of the internal laws (except conflict of law rules) of the State of Illinois, USA. FORCE MAJEURE Lab Safety Supply shall not be liable for any delay in or impairment of performance resulting in whole or in part from Acts of God, severe weather conditions, labor disruptions, governmental decrees or controls, insurrections, war risks, shortages, inability to procure or ship product or obtain permits and licenses, supplies or raw materials, or any other circumstances or causes beyond the control of Lab Safety Supply in the conduct of its business. SECURITY INTEREST On any sales on open account, the Purchaser hereby grants to Lab Safety Supply a priority lien, purchase money security interest and/or chattel mortgage in the products and any accounts receivable or cash from resale thereof until full payment is made to Lab Safety Supply. Purchaser agrees to file any financing statements or other appropriate document with its governmental authorities to assure the validity, priority, and enforceability of the lien. Purchaser agrees to inform Lab Safety Supply immediately if it intends to use any import financing or has or will be granting a lien or security interest on its inventory to any third party. ASSIGNMENT Buyer shall not assign any order or any interest therein without the written consent of Lab Safety Supply. Any actual or attempted assignment without Lab Safety Supply's prior written consent shall entitle Lab Safety Supply to cancel such order upon notice to Purchaser without liability to Lab Safety Supply. MODIFICATION OF TERMS Lab Safety Supply's acceptance of any order is subject to purchaser's assent to all of the terms and conditions of access and sale as set forth herein. Purchaser's assent to these terms and conditions shall be presumed by Purchaser's acceptance of all or any part of the goods or services ordered. All other contrary terms and conditions are expressly rejected, and no addition or modification of terms and conditions shall be binding upon Lab Safety Supply unless agreed to by Lab Safety Supply in writing. INDEPENDENT CONTRACTORS Lab Safety Supply and Purchaser are independent contractors. Purchaser is not authorized to and shall not make any representations on behalf of which are binding upon Lab Safety Supply. SEPARABILITY If any provision of these Terms and Conditions of Sale shall be deemed illegal or unenforceable, such illegality or unenforceability shall not affect the validity and enforceability of any other legal provisions hereof which together shall then be construed as if such illegal and unenforceable provision or provisions had not been inserted herein, unless such illegality or unenforceability shall destroy the underlying business purpose of these Terms and Conditions. COMPLETE AGREEMENT The terms and conditions in Lab Safety Supply's web site Terms of Access, Terms of Sale, Quotations, Invoices, and Catalog Sales Terms and Conditions, are incorporated herein by reference and constitute the entire and exclusive agreement between Purchaser and Lab Safety Supply. Please review these additional terms as they apply to your business location:
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